New amendments to the Criminal Code

28/01/2012

On December 28, 2011 was published in the Official Gazette Law No. 26,734, (hereinafter, the “Law”) commonly referred to as “the anti-terrorism law” which repeals Sections 213 ter and 213 quarter, incorporates Sections 41d and 306, and amends Section 33 of the National Criminal Code.

Section 41d provides that when any of the offenses under the scope of the National Criminal Code has been committed with the purpose of terrorizing the population, or to compel the national public authorities, or foreign governments, or agents of an international organization to do or to refrain from doing something, the penalty will increase by twice the minimum and maximum.

Also, the Law expressly clarifies these penalties shall not apply when the facts occur in the performance of human and / or social rights or any other constitutional right.

For its part, Section 306 punishes by penalty of imprisonment of five (5) to fifteen (15) years and a fine of two (2) to ten (10) times the amount of the operation, the offender that directly or indirectly collects or provides goods or funds with the intention or knowing that such goods and funds will be used for the commission of this crime.

The penalty shall be applied regardless of whether the crime is committed or not, and even if the goods or funds were not used for its commission. In the cases where the penalty range for the offense that is funded is less than the penalty provided by Section 306, the scale to the crime in question shall be applied.

Section 306 shall apply even if the offense was committed outside the Argentinean territory or the organization or individual who committed the crime was outside the Argentinean territory, as long as the crime is punishable in the competent jurisdiction for trial.

The enactment of the Law has its origins in the recommendations of the Financial Action Task Force (FATF) as a tool to combat money laundering and terrorist financing.